[Federal Register Volume 62, Number 19 (Wednesday, January 29, 1997)]
[Notices]
[Page 4276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2118]


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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. RP97-232-000]


Amoco Production Company, et al.; Notice of Complaint

January 23, 1997.
    Take notice that on January 17, 1997, pursuant to Rule 206 of the 
Rules of Practice and Procedure of the Federal Energy Commission, 18 
CFR Section 385.206, Amoco Production Company and Amoco Energy Trading 
Corporation (collectively, Amoco) tendered for filing a Verified 
Complaint, Request For Show Cause Order, Request For Interim Relief And 
Request For Shortened Answer Period against Natural Gas Pipeline 
Company of America (Natural).
    Amoco alleges that Natural has been engaged in a continuous pattern 
of undue discrimination and undue favoritism in favor of its affiliate, 
MidCon Gas Services Corporation (MidCon Gas) in violation of Sections 
4, 5, 8, and 10 of the Natural Gas Act (NGA), 15 U.S.C. Secs. 717c, 
717d, 717g and 717i, Sections 311 (a)(1) and (c) of the Natural Gas 
Policy Act (NGPA), 15 U.S.C. Secs. 3371 (a)(1) and (c), Order No. 636, 
Order No. 497, Order No. 566 and the Commission's policies and 
principles on which those orders are based.
    Natural's pattern of discriminatory conduct, Amoco argues, is 
demonstrated through several of Natural's actions: (1) Natural fails to 
follow its currently effective tariff procedures for the awarding of 
available capacity; (2) Natural fails to make available unsubscribed 
capacity and to post adequate, timely and usable information on 
unsubscribed capacity; (3) Natural retains for itself absolute 
discretion in how it will weigh bid criteria and award capacity on any 
given day; (4) Natural awards capacity to its affiliated marketer, 
MidCon Gas, on terms not made available to nonaffiliated shippers; (5) 
Natural periodically uses an auction procedure--not contemplated by 
Natural's Tariff and not used on a consistent or regular basis--that 
ensures that MidCon Gas can acquire available capacity to the exclusion 
of nonaffiliated shippers; (6) Natural releases MidCon Gas from 
capacity commitments on a discriminatory basis; (7) Natural has cycled 
employees to its affiliated gas marketer and maintained during the 
period in which it allocated the vast majority of its uncommitted firm 
capacity to MidCon Gas an entangled organizational structure that 
violates Order Nos. 497 and 566; (8) Natural violates numerous of the 
Commission's Order Nos. 497 and 566 Standards of Conduct codified at 18 
CFR Sec. 161.3; and (9) Natural fails to post information on its 
transactions with its affiliated marketer, MidCon Gas as required by 
Order Nos. 497 and 566.
    In addition, Amoco asks that the Commission order Natural to show 
cause why (1) each of its currently effective contracts with its 
affiliate MidCon Gas should not be terminated as each is the result of 
undue discrimination in violation of Sections 4 and 5 of the NGA and 
Section 311(a)(1) of the NGPA; (2) Section 5.1 of its General Terms and 
Conditions is not in violation of the Commission's regulations, and why 
Natural should not be ordered to include specific bid evaluation 
criteria; (3) its Tariff is not in violation of Commission posting 
requirements, and why it should not be ordered to post all available 
capacity on its EBB; (4) its systematic and pervasive undue 
discrimination and violations of Order Nos. 497 and 566 should not be 
remedied with a Commission order divorcement whereby MidCon Gas is 
precluded from recontracting for firm capacity on Natural; and (5) it 
should not be subject to the maximum civil penalties of $5,000 per day 
per violation for its violations of the NGPA. Amoco also asks that the 
Commission require Natural to demonstrate that its organizational 
structure has been in compliance with the Order Nos. 497 and 566 
requirements of the separation of operating personnel.
    Any person desiring to be heard or protest said Complaint should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street NE., Washington, DC 20426, in 
accordance with section 385.214 and 385.211 of the Commission's Rules 
of Practice and Procedure. All such motions or protests must be filed 
on or before February 24, 1997. Protests will be considered by the 
Commission in determining the appropriate action to be taken, but will 
not serve to make a protestant party to the proceeding. Any person 
wishing to become a party must file a motion to intervene. Copies of 
this filing are on file with the Commission and are available for 
public inspection in the Public Reference Room. Answers to this 
complaint are due on or before February 24, 1997.
Lois D. Cashell,
Secretary.
[FR Doc. 97-2118 Filed 1-28-97; 8:45 am]
BILLING CODE 6717-01-M